The great pity about the legal battle between the Daily Mail and ‘Psychic’ Sally Morgan was that somebody had to win. The Mail’s humiliating failure to outsmart a Come Dine With Me contestant who talks to dead people is delicious, but it's spoiled somewhat by a psychic’s ‘vindication’ in the courts, like biting into a Wagon Wheel and finding Bovril inside. What’s even more galling is that she deserved to win.

Before we go any further, one thing needs to be made crystal clear. Ben Goldacre claimed on Twitter yesterday that, “The libel lawyers of the UK have decided in their wisdom that psychic powers are real after all.” Ben, I love you, but this is complete nonsense. The case was not about whether Sally Morgan is a psychic. Morgan sued for defamation because she felt the Mail’s article amounted to an accusation of fraud; that it suggested she deliberately misled the public by pretending to be a psychic. In particular, they accused her of using “a hidden earpiece in order to receive instructions from her team which she then repeated on stage as if she had received them from the spirit world.”

It sounds very plausible. Psychics and televangelists have used this technique in the past – Peter Popoff was famously exposed by James Randi, who used a radio scanner to intercept and expose radio communications between the performer and a backstage accomplice – his wife. She collected information from prayer cards filled out by audience members before the show, and then broadcast details to Popoff’s earpiece. To those in the theatre it seemed as if God Herself were channeling information to the performer (God’s contempt for personal privacy apparently exceeded the NSA’s by several orders of magnitude.). In reality, it was his wife: “Hello Petey, can you hear me? If you can’t you’re in trouble . . .”

Exposing Popoff’s fraud was a great feat of investigative journalism and rational inquiry. In the case of Sally Morgan however, nobody – not journalists, bloggers or skeptics - bothered to step up to the plate. In a supreme fit of irony, rationalists accused her of fraud without bothering to collect the evidence they needed to substantiate the claim. She sued, she won, and she deserved to win.

The response has not been very constructive, as Hayley Stevens noted in a blog post last night: “I saw many other angry tweets about how Sally Morgan was an obvious fraud and that it was ridiculous the courts has sided with her. It made me chuckle because most of the people making these statements were self-proclaimed skeptics and rational thinkers who ought to know the importance of evidence and how evidence actually works.”

This is just the most recent example of a much wider problem I have with people abusing terms like ‘fraud’, ‘scam’, or ‘liar’ when talking about quacks or charlatans. I’m not going to link to specific examples of this sort of defamation for obvious reasons, but you can easily see what I mean if you google, say, ‘homeopathy’ and ‘fraud’ – rationalists and skeptics merrily throwing around accusations of deliberate deception that they have absolutely no evidence for and no ability to stand up. The only way a skeptic could possibly ‘know’ without evidence that Sally Morgan intended to deceive people would be if they could somehow see into her mind and read her thoughts, like some kind of psyc . . . oh.

For many, it’s enough that someone is ‘wrong’. Meeting the ‘enemy’ or conducting the careful detective work that exposed Popoff, is unnecessary when you can just slag people off in a blog post about some stuff you found on Google, calling them a ‘fraud’ or a ‘murderer’ in the process. The problem with this sort of attitude – which I’ve been guilty of plenty of times myself - is that it’s unconvincing, strewn with errors, and it fails to understand the people involved.

For example, a lot of people seem unable to accept that psychics using tricks like cold reading – or even an earpiece - may still genuinely believe they have a supernatural skill. To them I would strongly recommend Derren Brown’s fascinating uncut interview with Richard Dawkins which tackles exactly that question. Belief is far less binary than a lot of people . . . well, believe; and people are rarely simple.

I learned this lesson myself when I met Jeremy Sherr - a homeopath who claims to treat HIV patients – in Tanzania. A number of people, myself included, had portrayed him as a sort of cartoon villain, laying waste to vast swathes of Africa. The reality on the ground was rather more complicated. Sherr is charismatic; a passionate true believer who makes real sacrifices to help African communities. He also does a hell of a lot of good beyond homeopathy – supporting victims of domestic violence, working to reduce Aids stigma, ensuring local children are fed and educated, and much more besides.

Of course I also believe that he’s profoundly and dangerously wrong, and that his activities may be putting lives at risk. Just how dangerous I can’t say, because like everyone else in the UK I simply don’t know. One of the big problems with homeopathy – and a lot of other interventions, bogus or otherwise – in Africa is that we just don’t have the data we need on what goes on there. There are no statistics, no monitoring agencies, and often no information at all beyond that supplied by aid workers themselves. It is impossible to quantify either the good or the harm that somebody like Jeremy Sherr does, and that in itself is a massive problem.

It’s tempting to say that he simply must be harming people, but that’s the opposite of rationalism. I’m not playing with scales of morality here, weighing up the good and the bad. Neither am I suggesting inaction. The bad is bad whatever the good, and it needs to be stopped if possible. (On that note, if you’re a skeptic and you want to help tackle homeopathy in Africa my advice would be to work with groups like INASP or SciDev. My point is that rationalists need to admit when we don’t know things. That, after all, is supposed to be the fundamental basis for rational inquiry.

We also need to be willing to trust people with the full story. Jeremy Sherr is a man with admirable qualities, who does a lot of good work. Some people will be unhappy with me making that statement, but it’s true, and failing to acknowledge this can be catastrophic. I interviewed a science teacher and NGO founder in Tanzania who was had read a number of skeptical blogs and been persuaded by them . . . that Sherr was probably right. Our descriptions of Sherr and his operation - some bloggers went so far as to imply he was a ‘murderer’ - were so comically cartoonish that they were easily dismissed. It was, if I’m honest, a humiliating lesson, one that made me question a lot of my previous writing.

We shouldn’t be afraid to tell people the full story, or admit the things we don’t know. If the facts are damning, we shouldn’t need to be spin them, leave bits out or exaggerate them. You don’t need to ignore the complex realities of Jeremy Sherr’s activities or imply that he’s a pantomime villain to highlight the very serious problems with his arrogant and dangerous behavior. You don’t need to call Psychic Sally a fraud to point out that it’s fundamentally sickening to see people pay money to a woman who claims to be able to speak to the dead.

When we go down that road, we make mistakes, we get sued, and it’s right that we get sued, because we’ve engaged in exactly the sort of sloppy, lazy, error-prone journalism we’d normally criticise. The irony hasn’t escaped me that I’m criticising an article in the Daily Mail, and I’m probably going to take a lot of flak for it.

A quote-by-quote analysis of how little Jeremy Hunt understands technology

In today’s “Did we do something wrong? No, it was social media” news, Health Secretary Jeremy Hunt has argued that technology companies need to do more to prevent sexting and cyber-bullying.

Hunt, whose job it is to help reduce the teenage suicide rate, argued that the onus for reducing the teenage suicide rate should fall on social media companies such as Facebook and Twitter.

Giving evidence to the Commons Health Committee on suicide prevention, Hunt said: “I think social media companies need to step up to the plate and show us how they can be the solution to the issue of mental ill health amongst teenagers, and not the cause of the problem.”

Pause for screaming and/or tearing out of hair.

Don’t worry though; Hunt wasn’t simply trying to pass the buck, despite the committee suggesting he direct more resources to suicide prevention, as he offered extremely well-thought out technological solutions that are in no way inferior to providing better sex education for children. Here’s a quote-by-quote analysis of just how technologically savvy Hunt is.

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“I just ask myself the simple question as to why it is that you can’t prevent the texting of sexually explicit images by people under the age of 18…”

Here’s Hunt asking himself a question that he should be asking the actual experts, which is in no way a waste of anybody’s time at all.

“… If that’s a lock that parents choose to put on a mobile phone contract…”

A lock! But of course. But what should we lock, Jeremy? Should teenager’s phones come with a ban on all social media apps, and for good measure, a block on the use of the camera app itself? It’s hard to see how this would lead to the use of dubious applications that have significantly less security than giants such as Facebook and Snapchat. Well done.

“Because there is technology that can identify sexually explicit pictures and prevent it being transmitted.”

Erm, is there? Image recognition technology does exist, but it’s incredibly complex and expensive, and companies often rely on other information (such as URLs, tags, and hashes) to filter out and identify explicit images. In addition, social media sites like Facebook rely on their users to click the button that identifies an image as an abuse of their guidelines, and then have a human team that look through reported images. The technology is simply unable to identify individual and unique images that teenagers take of their own bodies, and the idea of a human team tackling the job is preposterous.

But suppose the technology did exist that could flawlessly scan a picture for fleshy bits and bobs? As a tool to prevent sexting, this still is extremely flawed. What if two teens were trying to message one another Titian’s Venus for art or history class? In September, Facebook itself was forced to U-turn after removing the historical “napalm girl” photo from the site.

As for the second part of Jezza’s suggestion, if you can’t identify it, you can’t block it. Facebook Messenger already blocks you from sending pornographic links, but this again relies on analysis of the URLs rather than the content within them. Other messaging services, such as Whatsapp, offer end-to-end encryption (EE2E), meaning – most likely to Hunt’s chagrin – the messages sent on them are not stored nor easily accessed by the government.

“I ask myself why we can’t identify cyberbullying when it happens on social media platforms by word pattern recognition, and then prevent it happening.”

There is simply no algorithm yet intelligent enough to identify bullying language. Why? Because we call our best mate “dickhead” and our worst enemy “pal”. Human language and meaning is infinitely complex, and scanning for certain words would almost definitely lead to false positives. As Labour MP Thangam Debbonaire famously learned this year, even humans can’t always identify whether language is offensive, so what chance does an algorithm stand?

(Side note: It is also amusing to imagine that Hunt could even begin to keep up with teenage slang in this scenario.)

Many also argue that because social media sites can remove copyrighted files efficiently, they should get better at removing abusive language. This is a flawed argument because it is easy to search for a specific file (copyright holders will often send social media giants hashed files which they can then search for on their databases) whereas (for the reasons outlined above) it is exceptionally difficult for algorithms to accurately identify the true meaning of language.

“I think there are a lot of things where social media companies could put options in their software that could reduce the risks associated with social media, and I do think that is something which they should actively pursue in a way that hasn’t happened to date.”

Leaving aside the fact that social media companies constantly come up with solutions for these problems, Hunt has left us with the burning question of whether any of this is even desirable at all.

Why should he prevent under-18s from sexting when the age of consent in the UK is 16? Where has this sudden moral panic about pornography come from? Are the government laying the ground for mass censorship? If two consenting teenagers want to send each other these aubergine emoji a couple of times a week, why should we stop them? Is it not up to parents, rather than the government, to survey and supervise their children’s online activities? Would education, with all of this in mind, not be the better option? Won't somebody please think of the children?

“There is a lot of evidence that the technology industry, if they put their mind to it, can do really smart things.”

Alas, if only we could say the same for you Mr Hunt.

Amelia Tait is a technology and digital culture writer at the New Statesman.